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25 February 2022
Issue: 7968 / Categories: Features , Aviation
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Airline strikes: extraordinary circumstances?

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Lee Finch & Ann-Marie O’Neil examine the high threshold for determining which events are outside an airline’s control
  • Industrial action by an airline carrier’s employees touching on their conditions of employment did not amount to an ‘extraordinary circumstance’ for the purposes of Art 5(3) of Regulation (EC) 261/2004.
  • Where flights are cancelled as the result of such strikes, carriers are liable to pay compensation to the affected passengers.
  • Involved consideration of CJEU decisions which had been issued after the end of the implementation period.

Ryanair recognised unions for the first time in December 2017. Subsequently, unions in multiple jurisdictions commenced negotiations with Ryanair. The Irish union, Fórsa, made 11 demands in relation to the seniority structure among Irish pilots. Ryanair argued that these demands could not be satisfied as they would compromise its business model and ability to operate as a low-cost airline. As a result of the failed negotiations, pilots and cabin crew employed by Ryanair went on strike in July, August and September 2018.

The strike caused the cancellation of multiple

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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